United States Eighth Circuit

Error in an indictment under Ashcroft v. Free Speech Coalition, 534 U.S. 234, did not affect defendant's substantial rights as evidence showed children depicted in pornography were real, there was no claim their images were virtual, and defendant stipulated that the children were real. Defendant was not in custody at the time he made statements and was not entitled to his Miranda warnings.

Appellate Information

• Decided 07/30/2003
• Published 07/30/2003

Judges

• SMITH, Circuit Judge., Before RILEY, BEAM, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mary Elizabeth Ott, argued, St. Louis, MO (J. Martin Hadican, on the brief), for appellant.


• For Appellees:
  
• Carrie A. Costantin, argued, Asst. U.S. Atty., St. Louis, MO, for appellee.